Minnesota Marriage Amendment

Prior to Tuesday, six states (New York, Massachusetts, Vermont, New Hampshire, Connecticut, Iowa) and the District of Columbia had full marriage equality.

As a result of Tuesday’s historic election, three additional states will now have marriage equality as well. Those states are Maine, Maryland, and Washington. (Technically, at the time of this post, Washington’s results are still coming in, but its referendum on the matter looks almost certain to pass.)

Another result of the election is that Minnesota defeated a hurtful and divisive amendment that would’ve constitutionally banned marriage equality. Since last night’s election also gave the DFL control of the Minnesota legislature, and since Governor Dayton is pro-marriage equality, it is almost certain that, despite initial words to the contrary, Minnesota is now on the fast-track to also establishing marriage equality.

The real question is whether Minnesota’s democratically-elected government will beat the United States Supreme Court to the punch. [click to continue…]

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Justice Kennedy

Tuesday’s decision in Perry v. Brown (the “Prop 8” case) means that roughly one year from now, it is likely that the United States Supreme Court will be giving its opinion on the now infamous 2008 ballot proposition that resulted in barring Californian gay couples from joining in marriage. Justice Anthony Kennedy will ultimately decide the fate of millions of gay people who wish to join in the civil institution of marriage, and his opinion will likely  have a significantly broader impact on cases involving sexual orientation discrimination.

Why I think the Court will:

  1. grant certiorari to take the case;
  2. find “Prop 8” and the 30-plus similar state ballot measures and amendments unconstitutional; and
  3. declare that gay people are a class deserving of heightened (if not strict scrutiny) analysis, which will have important implications for sexual orientation discrimination cases and employment law;

all, after the jump…

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